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Adams v. State

District Court of Appeal of Florida, Second District
Nov 2, 1977
351 So. 2d 386 (Fla. Dist. Ct. App. 1977)

Opinion

No. 77-621.

November 2, 1977.

Appeal from the Circuit Court, Hendry County, William J. Nelson, J.

Jack O. Johnson, Public Defender, and A.J. Melkus, Special Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


Charles Adams appeals the revocation of his probation. He was charged with five separate violations of the conditions of his probation, but the trial court in the order of revocation found only a violation of condition (4), which required appellant to "live and remain at liberty without violating any law." Virtually no evidence of appellant's violation of this condition was adduced at the probation revocation hearing, the sole evidence being the allegation that appellant was arrested on a charge of petit larceny. This is clearly insufficient. Crum v. State, 286 So.2d 268 (Fla. 4th DCA 1973). The order revoking appellant's probation must be and is

REVERSED.

HOBSON, Acting C.J., and McNULTY and SCHEB, JJ., concur.


Summaries of

Adams v. State

District Court of Appeal of Florida, Second District
Nov 2, 1977
351 So. 2d 386 (Fla. Dist. Ct. App. 1977)
Case details for

Adams v. State

Case Details

Full title:CHARLES ADAMS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 2, 1977

Citations

351 So. 2d 386 (Fla. Dist. Ct. App. 1977)